You\’re surprised, right?
We find it extremely difficult to understand why the judges cannot appreciate that, when the Home Secretary makes a determination that an individual\’s presence is not conducive to the public good, the decision has been made after careful consideration of all the relevant facts. There should be a presumption against overturning it – even if there is some interpretation of the statutes which suggests that she did not exercise her power precisely as conferred.It is notable that Britain\’s judges appear to be alone in Europe in their determination to overturn decisions by government officials about the dangers posed by individuals suspected of involvement in terrorism. In France and in Italy, there is no question of someone whom the state wishes to deport being allowed to remain in the country because he has to be able to launch an appeal.
That\’s because we have the rule of law and they have the rule of the State.
And yes, that rule of law really is there to protect us from the State.
Yes, slightly odd that a monarchy protects the rights of its subjects better than a republic those of its citizens, but that just goes to show you that the revolution was deeper in this country than it was elsewhere. We\’ve kept the form but not the reality of absolutism, other places not so much.